6913G624Q3132491_Combined Synopsis-Solicitation.pdf

ACQUISITION SENSITIVE IAW FAR 3.104 1

Request for Quotation 6913G624Q3132491

Crash Preventability Determination Program Support

This is a combined synopsis/solicitation for commercial products prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented by the additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. Solicitation No. 6913G623Q3132491 is issued as a Request for Quotation (RFQ). This solicitation is being conducted under FAR Part 12, Acquisition of Commercial Items and FAR Part 13, Simplified Acquisition Procedures as authorized by FAR Subpart

13.5. Solicitation clauses and provisions are those in effect through Federal Acquisition Circular 2024-06 July 30, 2024 and Transportation Acquisition Regulation (TAR) Final Rule 2022-19907 (effective 21 December 2023).

The U.S. Department of Transportation, John A. Volpe National Transportation Systems Center (Volpe Center) in Cambridge, MA has a requirement for the following services in accordance with the attached Performance Work Statement (PWS) (Attachment 1).

This is a 100% Total Small Business Set-Aside. The applicable NAICS Code is 541330 – Engineering Services; which has a Small Business size standard of $25.5 million.

NOTICE: All vendors shall have an active UEI registration on System for Award Management (SAM) (www.sam.gov) to be considered for award.

The anticipated Period of Performance (POP) is 09 September 2024 through 08 September 2025, inclusive of option periods.

Attachments:

1. Performance Work Statement

2. Quotation Sheet

3. FAR Clause 52.212-3

SECTION B: INSTRUCTIONS TO VENDORS

SUBMISSION OF QUOTES

Vendors are required to meet all solicitation requirements in addition to those identified as evaluation factors.

Failure to meet a requirement may result in a Vendor submission being ineligible for award. If the Vendor finds it necessary to take exception to any of the requirements specified in the solicitation, the Vendor shall clearly identify where it is addressed in its proposal and provide a complete explanation of why the exception was taken, what benefit (if any) accrues to the Government, and its impact (if any) on the performance, schedule, cost, and specific requirements of the solicitation. Each exception shall clearly identify the specific paragraph and/or part of the solicitation to which the exception is taken.

Quotes shall be submitted by 12:00 noon Eastern Standard Time on August 28, 2024.

ACQUISITION SENSITIVE IAW FAR 3.104 2

Questions may be submitted to Danelle Quinn at danelle.quinn@dot.gov no later than August 15, 2024, for review and Government response.

Quotes shall be submitted to Danelle Quinn at danelle.quinn@dot.gov.

Quote submission will consist of two (2) parts: Price and Technical Submission

Vendors’ quotes shall comply with the requirements outlined below and incorporated herein.

1. Completed and Signed RFQ Sheet, Attachment 2.

2. Completed Attachment 3.

3. Signed Copies Acknowledging Amendments, if applicable

4. System for Award Management (SAM): Vendors must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov/

5. Representations and Certifications completed by the vendor in accordance with instructions contained elsewhere in this solicitation. Note, if the vendor has completed all of the representations and certifications required by this solicitation in SAM.gov in accordance with FAR 52.204-8, then the vendor need not submit the hardcopy Representations and Certifications.

6. Technical and Pricing Submissions as noted below.

The Government will award a purchase order resulting from this solicitation to the responsible vendor whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following non-price factors, detailed in Section B.2, shall be used to evaluate quotations:

• Technical Understanding/Merit

• Staffing

• Past Performance

SECTION B.1 – PRICE

The Government intends to issue a firm fixed price (FFP) purchase order as a result of this solicitation.

Vendor’s price quotation shall include a firm fixed price. Vendors shall provide total price and labor rates as described below. Failure to include pricing for all line items shall be cause for rejection of the quote.

Vendors shall submit a price submission which shall include the following:

• Labor rates for the proposed Labor Categories

• Hours by Labor Category and total hours

• Supporting documentation, if any

• Assumptions, conditions, and exceptions related to price

Pricing submissions shall not exceed fifteen (15) pages. Price Quotes shall be held firm for sixty (60) days.

SECTION B.2 - TECHNICAL SUBMISSION

The Vendor shall limit the technical response to a total of fifteen (15) pages, exclusive of resumes which shall be limited to four (4) pages each.

The Technical submission shall include the following:

mailto:danelle.quinn@dot.gov mailto:danelle.quinn@dot.gov http://www.sam.gov/

ACQUISITION SENSITIVE IAW FAR 3.104 3

FACTOR 1 –Technical Understanding/Merit FACTOR 2 –Staffing FACTOR 3 –Past Performance

FACTOR 1 –Technical Understanding/Merit

Vendors shall provide a response that describes in detail their technical approach to meeting the requirements set forth in the Government’s Performance Work Statement (PWS). The vendor must demonstrate both 1) an in-depth technical understanding of the Government’s Crash Preventability Determination Program (CPDP) Support requirements and 2) the required knowledge and capabilities to independently perform all tasks in the PWS. The response shall also include a description of how each task will be managed.

In its response, the Vendor must demonstrate documented crash analysis expertise that supports the review of crash reports submitted to CPDP and make recommendations on the eligibility and preventability of individual crashes. The contractor shall be responsible for adhering to the practices and procedures of the CPDP, including the access and review of supplemental documentation about motor carriers, drivers and other information relevant to the submitted crash from FMCSA systems and other sources.

The contractor shall also provide support for CPDP continuous improvement, supporting Volpe in work areas that include: documenting suggestions and proposals for new crash types, improved processes, and updated standards and attending team meetings and training sessions to facilitate the advancement of the program.

More specifically, the Vendor must provide evidence of their experience in, and provide specific examples of the following (reiterating this list is insufficient; specific evidence must be provided, and higher rating will be given to vendors providing multiple examples of each criteria): Crash analysis expertise for the Volpe Center in support of FMCSA’s CPDP with the aim to provide recommendations on eligibility and preventability according to program standards and guidelines.

A higher rating may given to vendors who demonstrate they have relevant crash data analysis experience supporting major transportation projects with government entities.

FACTOR 2–Staffing

The Vendor shall propose a staffing plan that includes sufficient staffing and hours to meet the requirements of the PWS. The Government will consider and evaluate the following aspects of the Vendor’s proposal regarding Staffing:

• Staffing plan, which includes the labor categories to be used for meeting this requirement, along with the tasks assigned to each labor category. All key personnel shall be named.

• Vendor résumés shall be provided for all proposed key personnel. Vendor résumés must demonstrate the qualifications of the proposed key personnel (see below) in terms of technical experience, expertise, education, and training relevant to the effort described in the PWS.

Expertise Level of Proposed Key Personnel - The following labor categories are key personnel who shall be named. Resumes of the key personnel shall demonstrate the following minimum qualifications:

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• Project Manager and/or Principal Investigator o The Project Manager must have a minimum of seven years of experience managing crash data analysis and related projects. The proposal must provide at least two examples where the Project Manager managed crash data analysis or related projects similar in size and scope to the analyses described in the PWS.

• Program Manager o The vendor shall have a minimum of seven years of experience specifically in crash data analysis or crash prevention safety. The proposal must provide at least two examples where the project manager managed a crash data analysis from a commercial vehicle scenario similar in size and scope to the analyses described in the PWS.

• Operations Research Analysts o The vendor shall formulate and apply mathematical modeling and other optimizing methods to develop and interpret information that assists management with decision making, policy formulation, or other managerial functions. May collect and analyze data and develop decision support software, service, or products. May develop and supply optimal time, cost, or logistics networks for program evaluation, review, or implementation.

FACTOR 3–Past Performance

The Government will evaluate the past performance record of the proposed vendor and proposed major subcontractor(s) for this task order. A major subcontractor(s) is a subcontractor that is proposed to perform at least 20 percent (20%) of the effort. The Vendor shall submit documentation for three (3) recent and relevant projects. The Government will evaluate the likelihood of successful performance and relative capability to perform the requirements outlined within the PWS. The Government will only evaluate projects or contracts that have already been performed. Past performance submission shall include:

• Recency and Relevancy of the past performance history.

o Recency - Projects are considered recent if they have been completed within the last five

(5) years. Project examples that fail to meet this condition will not be evaluated.

o Relevancy- Projects are considered relevant if they are similar to the tasks of the type and complexity described in the PWS. Relevancy specifically refers to crash data analyses.

At a minimum, the Vendor must demonstrate relevant crash data analysis experience by providing one

(1) example of making recommendations on the eligibility and preventability of individual crashes.

• For each contract or project, the Vendor shall provide the following: customer’s name, organization, and contact information; contract or project number and title; dates of performance;

a description of the work performed and how it is relevant to the PWS.

• The Vendor shall also identify the amount of involvement of the proposed key personnel under this task order in the past performance examples. It is preferable that named key personnel in the Vendor’s proposal are also staff in the Vendor’s Past Performance examples.

Evaluation Criteria:

The Government will make an award to the responsible vendor whose submission conforms to the solicitation terms and conditions and represents the “Best Value” to the Government. Therefore, award

ACQUISITION SENSITIVE IAW FAR 3.104 5

may be made to other than the lowest priced submission. Non-price factors are significantly more important than price.

In evaluating quote submissions, Technical Understanding/Merit is more important than Staffing, and Past Performance is less important than Technical Understanding/Merit or Staffing. The three technical factors are significantly more important than price.

The Government reserves the right to award without discussions. Therefore, each initial submission should contain the Vendor’s best terms. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer (CO) to be necessary.

Price: Price quotations will be evaluated using price analysis techniques. Vendors responding to this solicitation are advised that, prior to award, the government may request vendors to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar items, or price list with effective date and/or copies of catalog pages along with any applicable discounts.

Failure to submit the requested information may result in disqualification of the submitted quote.

Factor 1 – Technical Understanding/Merit: The Vendor shall provide all the necessary information to facilitate the Government’s consideration of Factor 1 – Technical Understanding/Merit. The Vendor shall be evaluated on its demonstration of technical understanding of the requirements of the PWS based on the information provided in response to the requirements and using the criteria described in Factor 1 of Section B.2 above.

Factor 2 – Staffing: The Vendor shall provide all the necessary information to facilitate the Government’s consideration of Factor 2 – Staffing. The Vendor shall be evaluated on its demonstration of the appropriate staffing skills and experience to meet the requirements of the PWS. Staffing will be evaluated based on the information provided in response to the requirements and using the criteria described in Factor 2 of Section B.2 above.

Factor 3 – Past Performance: The Vendor shall provide all the necessary information to facilitate the Government’s consideration of Factor 3 – Past Performance. The Vendor shall be evaluated on its performance on past projects relevant to the tasks of this PWS. Past Performance will be evaluated based on the information provided in response to the requirements and using the criteria described in Factor 3 of Section B.2 above.

In addition, any available sources of past performance information may be used by the Government to determine past performance rating. Vendors are encouraged to provide references to recent and relevant contract experience. Past performance references will be considered relevant based on similarity of scope and magnitude of effort and complexity to the current requirement. Past contracts performed within the past 5 years from the date of RFQ issuance will be considered recent.

The Technical Evaluators shall use the following adjectival rating system to evaluate each Factor in the Technical Submission:

Exceptional: Submission meets all requirements and indicates an extensive detailed approach and understanding of the requirements. The submission contains multiple strengths, no significant weaknesses, or any deficiencies. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is extremely low.

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Very Good: Submission meets all requirements and indicates a thorough approach and understanding.

The submission contains strengths, no significant weaknesses, or any deficiencies. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Satisfactory: Submission meets all requirements and indicates an adequate approach to and understanding of the requirements of the RFQ. Submission has some strengths or weaknesses, but no deficiencies. Any weaknesses are offset by strengths or will have little or no impact on contract performance. The risk of unsuccessful performance is low.

Marginal: The submission does not meet the requirements and has not demonstrated an adequate approach to and understanding of the requirements of the RFQ. The submission has one or more weaknesses that are not offset by strengths. The risk of unacceptable performance to the Government is moderate.

Unsatisfactory: Submission does not meet the requirements of the RFQ. The submission contains significant numerous weaknesses and deficiencies. Th submission shows a clear lack of understanding of the requirement. The risk of unacceptable performance to the Government is high.

Submission is unawardable.

During their evaluations, Technical Evaluators shall provide narrative to specifically identify a Vendor’s strengths and weaknesses/significant weaknesses, and deficiencies in support of the ratings given. The definitions of these characteristics are as follows:

Strength: A strength is an aspect of the submission that exceeds stated requirements and evaluation standards of the solicitation in a way that is beneficial to the Government for the purpose of this particular acquisition.

Weakness: A weakness is a flaw in the submission that increases the risk of unsuccessful task order performance.

Significant Weakness: A significant weakness is a flaw in the submission that appreciably increases the risk of unsuccessful task order performance. A combination of weaknesses in a single factor can equate to a significant weakness.

Deficiency: A deficiency is a material failure of a submission to meet a Government requirement or a combination of significant weaknesses in a submission that increases the risk of unsuccessful task order performance to an unacceptable level.

In the evaluation of Past Performance, the Technical Evaluators, shall use the following adjectival rating system:

Vendors are advised that the Government may consider past performance information obtained from sources other than those identified by the Vendor, including Federal, State, and local Government agencies, better business bureaus, published media and electronic databases including, but not limited to, Contractor Performance Assessment Reporting System (CPARS). The Government may research

ACQUISITION SENSITIVE IAW FAR 3.104 7

Vendor performance on any Federal, State, local and commercial procurement that is known to the Government, but not included on a submitted reference.

The first aspect is to evaluate whether the Vendor’s past performance is relevant or not relevant to the effort to be acquired.

Adjectival Rating Description

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Not Relevant

Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires

The second aspect of the past performance evaluation is to determine how well the Vendor performed on the contracts. Past Performance information that is not recent or relevant is not considered in the assessment of Past Performance Confidence. In conducting a performance confidence assessment, each Vendor shall be assigned one of the ratings below:

Adjectival Rating Description

Acceptable Acceptable Based on the Vendor’s performance record, the Government has a reasonable expectation that the Vendor will successfully perform the required effort, OR the Vendor’s performance record is unknown.

Unacceptable Unacceptable Based on the Vendor’s performance record, the Government does not have a reasonable expectation that the Vendor will be able to successfully perform the required effort.

In the case of a Vendor without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Vendor may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the Vendor shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

CLAUSES

This RFQ hereby incorporates all Federal Acquisition Regulation (FAR) provisions and clauses contained herein. The FAR provisions and clauses cited in this notice can be viewed at https://www.acquisition.gov/. The Transportation Acquisition Regulation (TAR) provisions and clauses cited in this notice can be viewed at https://www.acquisition.gov/tar.

FAR clauses and provisions incorporated by reference:

52.202-1 Definitions 52.203-3 Gratuities https://www.acquisition.gov/ https://www.acquisition.gov/tar

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52.203-7 Anti-Kickback Procedures 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions 52.203-12 Limitation on Payments to Influence Certain Federal Transactions 52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality

Agreements or Statements 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-4 Printed or Copied Double-Sided on Recycled Paper 52.204-7 System for Award Management 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-17 Ownership or Control of Offeror 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications.

52.204-22 Alternative Line Item Proposal 52.204-26 Covered Telecommunications Equipment or Services Representation 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation 52.209-7 Information Regarding Responsibility Matters 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters 52.212-2 Evaluation--Commercial Items 52.212-4 Contract Terms and Conditions--Commercial Items 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation 52.226-7 Drug-Free Workplace 52.227-14 Rights in Data – General 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications 52.232-8 Discounts for Prompt Payment 52.232-18 Availability of Funds 52.232-22 Limitation of Funds 52.232-39 Unenforceability of Unauthorized Obligations 52.233-1 Disputes 52.242-15 Stop-Work Order 52.246-4 Inspection of Services – Fixed Price 52.247-34 F.O.B. Destination

TAR clauses and provisions incorporated by reference:

1252.201-70 Contracting Officer's Representative 1252.222-72 Contractor Cooperation in Equal Employment Opportunity and Anti-Harassment

Investigations 1252.232-70 Electronic Submission of Payment Requests 1252.239-72 Compliance with Safeguarding DOT Sensitive Data Controls 1252.223-73 Seat Belt Use Policies and Programs 1252.239-74 Safeguarding DOT Sensitive Data and Cyber Incident Reporting 1252.239-92 Information and Communication Technology Accessibility Notice 1252.239-93 Information and Communication Technology Accessibility

Full Text FAR AND TAR clauses and provisions

ACQUISITION SENSITIVE IAW FAR 3.104 9

TAR 1252.201-70 Contracting Officer's Representative (Nov 2022)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Representative (COR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five ACQUISITION SENSITIVE IAW FAR 3.104 31 working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract. (b) The Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

(End of clause)

1252.237-73 Key Personnel (NOV 2022)

(a) The personnel as specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed during the course of the contract by adding or deleting personnel, as appropriate.

(b) Before removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the contracting officer, in writing, before the change becomes effective. The Contractor shall submit information to support the proposed action to enable the contracting officer to evaluate the potential impact of the change on the contract. The Contractor shall not remove or replace personnel under this contract until the Contracting Officer approves the change in writing. The key personnel under this contract are:

[Contracting Officer to insert specified key personnel upon award]

52.204-20 Predecessor of Offeror (AUG 2020)

(a) Definitions. As used in this provision– Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the

Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark "Unknown").

Predecessor legal name: .

(Do not use a "doing business as" name).

(End of provision)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract

Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications

(i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212- 3, Offeror Representations and Certifications-Commercial Products or Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

ACQUISITION SENSITIVE IAW FAR 3.104 12

entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded

"will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment— https://www.sam.gov/

ACQUISITION SENSITIVE IAW FAR 3.104 13

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.209-5 Certification Regarding Responsibility Matters (AUG 2020) (a)

(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a https://www.acquisition.gov/far/52.209-7#FAR_52_209_7 https://www.acquisition.gov/far/9.104-5#FAR_9_104_5

ACQUISITION SENSITIVE IAW FAR 3.104 14

delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has □ has not □, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law (FEB 2016)

a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of

ACQUISITION SENSITIVE IAW FAR 3.104 15

the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-1 - Instructions to Vendors - Commercial Products and Commercial Services (Tailored for Simplified Acquisition Procedures)

(a) North American Industry Classification System (NAICS) code and small business size standard. The

NAICS code and small business size standard for this acquisition appears on Page 1 of this combined synopsis/solicitation. However, the small business size standard for a concern which submits a quotation in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotations must show-

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of quotations;

(3) The name, address, and telephone number of the vendor;

(4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) Remit to address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3( b ) for those representations and certifications that the vendor shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

ACQUISITION SENSITIVE IAW FAR 3.104 16

(11) include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) The vendor agrees to hold the prices in its quotation firm for 90 calendar days from the date specified for receipt of quotations, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotations. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple quotations. Vendors are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately.

(f) Late submissions.

(1) Vendors are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation.